Term
What is a preliminary inquiry? |
|
Definition
| It is a quick and informal investigative tool that can be used to determine initially whether a particular incident is serious enough to warrant some form of JAGMAN investigation. |
|
|
Term
| What are the 3 types of investigation |
|
Definition
Command investigation
litigation report investigation
Court/board of inquiry |
|
|
Term
| What is the command options upon reviewing the results of a PI? |
|
Definition
- Take no further actions
- conduct a command invesitigation
- convene a litigation report investigation
- convene a court or board of inquiry
always appropriate for the CA to consult with a judge advocate piror to deciding how to proceed |
|
|
Term
| What is a command investigation? |
|
Definition
| The most common admin investigation. Functions to search out, develop, assemble, analyze, and record all available info relative to the incident under investigation. Required for aircraft mishaps, explosions, ship stranding or flooding, fires, loss of govt prop or funds, firearm accidents, security violations, injuries, and deaths |
|
|
Term
|
Definition
| to find out the who, what, where, when, why and how the incident occurred. |
|
|
Term
| When is the CI usually due |
|
Definition
| 30 days from date of the convening order |
|
|
Term
| What is the prescribed format of the CI |
|
Definition
4 sections:
Preliminary Statement - brief summary of your efforts as invest off
Finding of facts - 5 W's, tells story, chronological order
Opinions-inferences and reasonable conclusions
Recommendations-appr action for CO to take based upon the IO's opinions. opportunities to suggest ways problems could be prevented in the future |
|
|
Term
| What is a litigation report investigation? |
|
Definition
| investigation to prepare and defend the legal interest of the Navy in claims proceedings or civil litigation (lawsuits) |
|
|
Term
| what constitutes line of duty? |
|
Definition
| injury or disease incurred by naval pers while on active duty service unless there's a clear and convincing evidence that it was incurred as a result of misconduct; desertion, UA in excess of 24 hrs, confined under sentence of a court-martial that included an unremitted dishonorable discharge, confined under sentence of a civil court (conviction of felony), intentionally self-inflicted |
|
|
Term
| When is LOD/misconduct determination required? |
|
Definition
when mbr incurs a disease or injury that might result in permanent disability or results in the physical inability to perform duty for a period exceeding 24hrs
Opinions concerning LOD are prohibited in death cases |
|
|
Term
| What are the 3 possible misconduct/LOD determinations? |
|
Definition
injuries are incurred:
in the line of duty and not due to misconduct
not in the line of duty and not due to misconduct
not in teh line of duty and due to mbr's own misconduct |
|
|
Term
| How will injuries or disease requiring LOD/misconduct determinations be reviewed? |
|
Definition
|
|
Term
| When is command investigations required for LOD/misconduct determination? |
|
Definition
- the injury or disease was incurred in such a way that suggests a finding of misconduct or not in the line of duty might result
- there is a reasonable chance of permanent disability and teh CA consideres an investigation essential to ensure an adequate official record
- the injury involves a Naval or Marine Reservist and the CA considers an investigation essential to ensuring an adequate official record
|
|
|
Term
| Who needs to be notified on any death cases involving actual or suspected criminal conduct |
|
Definition
|
|
Term
| What needs to be conducted when a death occurs? |
|
Definition
PI will be conducted when a death of a member of the naval service occurs or into the death of a civilian which occurs at a place under naval control
Will not occur when the death is a result of medical condition or result of en action |
|
|
Term
| When is a command investigation required for death cases? |
|
Definition
- The case involves civilian or other non-naval pers found dead aboard an activity under military control where the death was caused by suicide
- Circumstances surrounding the death places the adequacy of military med care reasonably at issue
- Unclear if en action caused the death such as poss "friendly fire" incidents
Investigation rpts will not contain opinions concerning LOD/misconduct |
|
|
Term
What’s the difference between Board of Inquiry and Court of Inquiry? |
|
Definition
| Board of Inquiry has only 1 member and you can’t be subpoena as where Court of Inquiry has 3 members, appointed legal and have subpoena power |
|
|
